Legal rights group voice concern over escalating religious rhetoric

Legal rights group Lawyers for Liberty voiced its concern today over the escalating religious rhetoric against the transgender community following a Court of Appeal landmark decision which struck down a state law that forbids Muslim men from dressing up as women.

Its executive director Eric Paulsen said it was dangerous to provoke religious intolerance against the transgender community by describing them as people who challenged God’s law, as described by the Perak Mufti Tan Sri Dr Harussani Zakaria.

Others even said that the transgender movement was a form of “cancer”, while certain political parties and minister called for‘jihad’ towards the community in order to ‘defend Islam.’

“As respected religious authorities and organisations with wide reach and influence, it is shocking and irresponsible for them to respond in such an exaggerated and unrestrained manner to an emotive issue, all the more so since the target is among the most vulnerable communities in Malaysia.

“What if some misguided persons were to take matters into their own hands or take vigilante action against transgender people in the belief they were performing jihad, defending Islam and God’s law against the transgender “cancer”," said Paulsen in a statement.

Citing several examples of how religious rhetoric had inspired hate crimes and mob violence in Pakistan, India and Myanmar, the group is calling for progressive thoughts and dialogue, rather than punishing this community which could later lead to attacks.

“There are other interpretations in Islam on how best to deal with transgenderism and the need to take into account justice, fairness, civil liberties, privacy and modern day changes including recognising gender identity disorder,” said Paulsen.

On Friday, a three-man panel led by Justice Datuk Mohd Hishamudin Mohd Yunus ruled that Section 66 of the of the Syariah Criminal (Negeri Sembilan) Enactment 1992 violated Articles 5, 8, 9 and 10 of the Federal Constitution.

The ruling came on the heels of an appeal sought by three Muslim transgenders to have Section 66 declared unconstitutional.

They claimed the provision violates their constitutional right to freedom of expression, movement and their right to live in dignity which the court ruled in favour.

“While Islam is undoubtedly important and recognised as the official religion, this does not make Malaysia a theocracy and must not detract from the fact that Malaysia is founded on parliamentary democracy where the Federal Constitution, which is secular in nature, reigns supreme and guarantees fundamental rights and minority protection.”

“Needless to say, the Negri Sembilan Shariah Criminal Enactment which is only a state enactment must be subservient to the Constitution. We applaud the Court of Appeal for standing up and protecting the transgender community’s right to personal liberty, equality, freedom of movement and freedom of expression,” Paulsen added.